Maranoa Logo Process

 

Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 26 June 2013 commencing at 9.00am

 

ATTENDANCE

 

Mayor Cr. R S Loughnan chaired the meeting with, Deputy Mayor Cr W S Wason, Cr. J L Chambers, Cr. R J Denton, Cr P J Flynn, Cr. W M Newman, Cr. C J O’Neil, Cr. M L Price, Cr. D J Schefe, Chief Executive Officer – Julie Reitano, Coordinator – Corporate Communications – Jane Frith, and Kelly Rogers Minutes Officer in attendance.

 

AS REQUIRED

Director Community & Commercial Services – Tony Klein, (Acting) Director Infrastructure Services – Michael Parker, Director Development, Facilities & Environmental Services – Rob Hayward, Specialist – Strategic Finance - Claire Alexander.

 

GUESTS

 

There were no guests in attendance at the meeting.

 

WELCOME

 

The Mayor welcomed all present and declared the meeting open at 9.12am.

 

APOLOGIES   

 

There were no apologies for the meeting.

 

Confirmation of Minutes

 

Resolution No. GM/06.2013/31

Moved Cr Chambers                                                     Seconded Cr Denton  

 

That the minutes of the General Meeting (10-12.06.13) held on 12 June 2013 be confirmed.

 

CARRIED                                                                                                                      9/0

  

 

Business Arising FROM MiNUTES

 

There was no business arising from the minutes.

 

On the Table

 

There were no items for discussion on the table.

 

Presentations/Petitions and Deputations

 

There were no presentations/petitions or deputations at the meeting.

 

Consideration of notices of business

 

There were no notices of business for consideration.

 

Consideration of notices of motion

 

There were no notices of motion for consideration.

 

Reception of notices of motion for next meeting

 

No notices of motion were received for the next meeting.

 

Business

 

Office of the CEO & Organisational Services

 

Item Number:                                   10.1

File Number: D13/25677

Subject Heading:                          Revenue Policy 2013/14

Author and Officer’s Title:                Claire Alexander, Specialist - Strategic Finance

Executive Summary: 

The purpose of this Revenue Policy is to set out the principles used by Council for:

                                                 

    Levying rates and charges;

    Granting concessions for rates and charges;

    The recovery of unpaid rates and charges; and

    Cost recovery fees and methods.

 

Resolution No. GM/06.2013/32

Moved Cr Newman                                                       Seconded Cr Chambers  

That Council receive and note the document titled “Revenue Policy 2013/14” and in accordance with Section 193 of Local Government Regulation 2012 adopt the 2013/14 Revenue Policy as presented:

1.      Policy Purpose

To comply with the requirements of Chapter 4, Part 1 and Part 2 of the Local Government Act 2009 and Section 169 (2) (c) and Section 193 of the Local Government Regulation 2012 by setting out:

 

(a)  the principles which Council will apply during the 2013/2014 financial year for

 

§  levying rates and charges;

§  granting concessions for rates and charges;

§  the recovery of unpaid rates and charges;

§  cost-recovery fees and methods;

 

(b) the purpose of the concessions; and

 

(c) the extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.

 

2.    Policy Scope

The Revenue Policy applies to revenue raised by rates, utility charges, fees and charges.

This policy applies to the making, levying, recovery and concessions for rates and utility charges and the setting of regulatory and commercial fees and charges for Council.

3.    Definitions

Council means Maranoa Regional Council

Act  means Local Government Act 2009

Pensioner  means a person who is the holder of a pensioner concession card issued by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth) or the Veterans’ Entitlements Act 1986 (Cwlth).

Regulation  means Local Government Regulation 2012

All other definitions are as per the Local Government Act 2009 and the Local Government Regulation 2012.


4.    Introduction

       In accordance with the provisions of the Local Government Act 2009 and Local Government Regulation 2012, Council is required to prepare and adopt by resolution a Revenue Policy.

       Council’s Revenue Policy is based on the following principles;

(a)         Fairness & Equity – by ensuring the consistent application of lawful rating and charging principles without bias;

(b)         Transparency - by communicating the Council’s charging processes and each ratepayer’s responsibility under the rating system;

 

(c)         Efficiency - by having a rating regime that is cost effective to administer;

(d)         Sustainability – to support the financial strategies for the delivery of infrastructure and services identified in Council’s short, medium and long term planning.

(e)         Flexibility within agreed parameters - by providing payment arrangements to assist ratepayers in meeting their rate commitments

Council will apply these principles when:

§  Making rates and charges;

§  Levying rates and charges;

§  Recovering rates and charges;

§  Granting and administering rates and charges concessions;

§  Charging for local government services and facilities;

§  Charging for business activities (subject to the National Competition Policy);

§  Funding Council infrastructure.

 

5.         Making and Levying of Rates and Charges

            Council’s application of the above principles in making and levying of Rates and Charges for the 2013/2014 financial year are detailed as follows:

5.1       General Rates

General rates are set each year to assist Council in raising sufficient revenue to provide services to the community (exclusive of water, sewerage and cleansing/waste management utilities).

 

Council recognises that different categories of land use will generate different needs and requirements for Council services and facilities.  Council also recognises that it will incur a different level of resources expenditure to provide the necessary services and facilities and therefore has opted for a system of differential General Rating to meet its needs.

 

 

5.1.1    Differential General Rates

 

Council considers that the use of differential general rates allows the following factors to be taken into account in determining how the general rate revenue is to be raised which would not be possible if only one general rate were adopted:

 

(a)           the relative effects of various land uses on the requirements for, level of, and the cost of providing Council facilities and services;

(b)           movements and variations in the Unimproved Capital Value (UCV) both within categories and between categories of land use which affect the level of rates and issues such as ‘fairness’ and ‘equity’;

(c)           location and access to services; and

(d)           amount of the Unimproved Capital Value (UCV) and the rate payable.

 

                     To ensure that owners of land across all differential categories contribute equitably to the cost of common services, Council will apply a minimum rate to each differential rating category.

 

 

5.2      Utility Charges – Water, Sewerage and Waste Management Services

In general, Council will be guided by the principle of user pays in the making of charges that relate to the provision of water, sewerage and waste management services. 

 

Wherever possible, those receiving the benefits of a utility service will pay for the service received through the relevant utility charge.  Council will annually review its utility charges and other fees for service to ensure that revenues are meeting intended program goals and are keeping pace with the cost of providing the service.

 

5.3  Special and Separate Rates and Charges

Council may consider levying special and separate rates and charges when appropriate, to recover the costs associated with a particular service, project or facility that provides direct or additional benefit to the ratepayers or class of ratepayer.

 

6.      Granting of Rebates and Concessions

6.1     Guiding Principles

In accordance with Chapter 4 Part 10 of the Local Government Regulation 2012 Council may grant a concession for rates and charges.  In exercising these concession powers Council will be guided by the principles of equity and transparency by:

§  Applying the same treatment to ratepayers with similar circumstances;

§  Making clear the requirements necessary to receive concessions;

 

Consideration may be given by Council to granting a class concession in the event that all or part of the local government area is declared a natural disaster area by the State Government.

 

6.2       The Purpose of Concessions

In accordance with Section 120 (1) of the Local Government Regulation 2012, Council may grant a concession in 2013/2014 for the owner categories, or in some circumstances occupier categories, and properties used for the listed purposes. 


 

(a)         Pensioner Concession

Eligible pensioners as defined in Schedule 8 of the Local Government Regulation 2012 may be granted a concession on general rates.

 

(b)        Non-Profit Community Organisation Concession

In accordance with Section 120 (1) (b) of the Local Government Regulation 2012, a concession may be granted if Council is satisfied that the land is used for community purposes and is operated on a not-for-profit basis. 

 

The purpose of these concessions is to encourage and support certain not-for-profit and charitable organisations where the land use is considered to contribute to the health and well being of the community and the social enrichment of residents.

 

(c)         Hardship Concession

Council may grant a concession where it can demonstrate that the payment of the rates or charges will cause extreme hardship to the land owner.

 

(d)        Other Concessions

Council will receive and consider applications from ratepayers where Council is satisfied that the application meets the eligibility criteria as provided for in Section 120(1) of the Local Government Regulation 2012. Applications for concessions under this section will be considered and determined by Council on a case by case basis. 

 

7.      Recovery of Unpaid Amounts of Rates and Charges

Council will exercise its rates recovery powers pursuant to the provisions of Chapter 4 Part 12 of the Local Government Regulation 2012 in order to reduce the overall rate burden on ratepayers, and will be guided by the principles of:

§       Fainess & Equity - by treating all ratepayers in similar circumstances in the same manner; and by making every attempt to follow-up on outstanding rates and charges prior to taking legal action;

§       Transparency – by making clear the obligations of ratepayers and the processes used by Council in assisting them meet their obligations;

§       Efficiency – by making the process used to recover outstanding rates and charges simple to administer and cost-effective.

§       Flexibility – by providing ratepayers with a number of options to meet their rate obligations;

 

8.      Charges for Local Government Services and Facilities

 

With the exception of fees and charges associated with Council’s Business Activities, there are broadly two types of fees and charges:

 


8.1     Cost Recovery (‘Regulatory’) Fees and Charges (s 97 of the Local Government Act 2009)

These are fees under a local law or a resolution, which involve:

 

(a)      an application for the issue or renewal of a licence, permit, registration or other approval under a Local Government Act (an application fee); or

(b)     recording a change of ownership of land; or

(c)     giving information kept under a Local Government Act;

 

A cost recovery fee must not be more than the cost to Council of taking the action for which the fee is charged.

 

Whilst Council notes that, pursuant to Section 97 of the Local Government Act 2009 it may introduce a tax component into a regulatory fee in order to achieve a social or other objective, it is not Council’s intention to encompass a tax in any regulatory fee.  Accordingly, Council will not recover more than the cost of administering the regulatory regime.

 

8.2      Other (‘Commercial’) Fees & Charges

Council will apply, as a minimum and as far as practicable, the principle of full cost recovery (including overheads) in setting charges for services and facilities, including community or non-profit organisations.

 

Council may give consideration to charging at less than the full cost of the service / facility when it considers it appropriate to do so in order to achieve social, economic or environmental goals.  In making any such decision the reason for the decision will be clearly set out in the resolution, together with the estimated amount of revenue to be foregone in the subject year.

 

When the service or facility supplied is of a commercial nature, then Council will give consideration to including a ‘return on investment’ element in the charge.  Such consideration will be made on a case by case basis.

 

 

9.      Fees & Charges for Business Activities (Subject to National Competition Policy)

 

In setting charges for a business under National Competition Policy reforms, Council’s pricing strategy will apply full cost pricing principles whilst also meeting other economic, efficiency and social objectives.  Full cost pricing means that on average, prices should fully recover all the relevant costs of supplying a product or service including:

 

(a)  direct costs;

(b) indirect non-capital costs;

(c)  capital costs (includes return on capital, interest payments, debt guarantee fees and return of capital (depreciation));

(d)  tax equivalent adjustments; and

(e)  other competitive neutrality adjustments.

 

Council may decide to apply charges at less than full cost pricing in order to achieve social, economic, environmental or other objective.  In making any such decision the reason for the decision will be clearly set out in the resolution together with the estimated amount of revenue to be foregone in the subject year.

 

When any such decision is applied to a Commercialised Business Unit, the direction to the Commercialised Business Unit will be recognised as a ‘community service obligation’ and a subsidy shall be paid to the Commercialised Business Unit and that subsidy shall be recognised in the accounts of the Commercialised Business Unit.

10.    Funding of New Development

To minimise the impact of physical and social infrastructure charges on the efficiency of the local economy Council will be guided by the principle of user pays in the making of physical and social infrastructure charges for new development, to the extent permissible by law.  Council may depart from applying this principle if it is determined by Council that it is in the community interest to do so.

11.   Related Policies and Legislation

Local Government Act 2009

Local Government Regulation 2012

 

12.   Associated Documents

Revenue Statement 2013/2014

Fees and Charges Register 2013/2014

 

13.   Policy Review

The Revenue Policy shall be reviewed annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.

CARRIED                                                                                                                      9/0

 

Responsible Officer

Specialist - Strategic Finance

 

 

Item Number:                                   10.2

File Number: D13/25751

Subject Heading:                          Register of General CosT-Recovery Fees and Commercial Charges 2013/14

Author and Officer’s Title:                Claire Alexander, Specialist - Strategic Finance

Executive Summary: 

A briefing paper was prepared in relation to the 2013/14 Budget Parameters and timetable, and was presented to a Council workshop in March 2013. As outlined in the briefing paper, a 4% increase from the 2012/13 fees and charges has been recommended.  This increase takes into account the Local Government Association of Queensland Council Cost index of 3.3% and Council’s Enterprise Bargaining Agreement of 4%.

 

Managers responsible for cost-recovery fees were advised to set fees so as to recover costs incurred by Council;  further that such fees should not exceed the actual cost incurred by Council in delivering the service for which the fee is charged. For commercial fees and charges, these fees were calculated as cost plus “profit” including 10% Goods and Services Tax (GST).

 

A detailed comparison of the 2013/14 general fees and commercial charges to the previous year’s (2012/13) fees and charges was provided in hard copy:  Draft Register of Fees and Commercial Charges 2013/14.

 

A description of the Local Government Act 2009 provisions relating to fees and charges was provided as part of the agenda report.

 

 

Further, a letter dated 30 May 2013, received on 20 June 2013 from the Roma Livestock Agents Association Incorporated in relation to the Saleyards Fees & Charges was also tabled with the agenda report.

 

Discussion:

A ‘Mover’ and ‘Seconder’ was recorded for the motion, however, no vote was taken on the motion at that time, to enable Councillors to identify amendments to the Register of General Cost-Recovery Fees and Commercial Fees & Charges.  Council determined that the draft motion, as recorded below, should lay on the table for further discussion at a later point during the meeting. 

 

Moved Cr Wason                                                          Seconded Cr Flynn  

That Council:

 

1.       Receive and note the report titled “Register of General Cost Recovery Fees and Commercial Charges 2013/14;

 

2.       Adopt the fees in the Register of General Cost-Recovery Fees and Commercial Charges 2013/14 (Tabled copy), including proposed amendments;

 

3.       Resolve that, in relation to those cost-recovery fees to which Section 97 of the Local Government Act 2009 applies:

 

          (i)       the applicant is the person liable to pay these fees; and

 

          (ii)      the fee must be paid at or before the time the application is lodged; and

 

4.       Delegate to the Chief Executive Officer the power to amend commercial charges to which section 262 (3) (c) of the Local Government Act 2009 applies.

 

5.       Approve the omission of fees and charges for quarry materials and services in the Register of General Cost-Recovery Fees and Commercial Charges 2013/14.

 

NO VOTE TAKEN

 

Item Number:                                   10.3

File Number: D13/26412

Subject Heading:                          Consideration of Elected Member Attendance at Conferences

Location:                                          Bowen Hills – Brisbane

Author and Officer’s Title:                Kelly Rogers, Coordinator -  Elected Members & Community Engagement

Executive Summary: 

Formalisation of Elected Member attendance at conferences and meetings as part of advocacy activities and/or enhancing strategy and policy development for Maranoa Regional Council.

 

Resolution No. GM/06.2013/33

Moved Cr O'Neil                                                            Seconded Cr Denton  

That Council approve the attendance of the Mayor at the LGAQ Disaster Management Summit on 9 - 10 July 2013 in Bowen Hills – Brisbane. 

 

CARRIED                                                                                                                 9/0

 

Responsible Officer

Coordinator -  Elected Members & Community Engagement

 

Community & Commercial Services

 

Item Number:                                   11.1

File Number: D13/22785

Subject Heading:                          Animating Spaces Grant

Author and Officer’s Title:                Jacqueline Burns, Coordinator - Libraries, Arts & Culture

Executive Summary: 

Council support was sought to apply for an Animating Spaces Grant.

 

Resolution No. GM/06.2013/34

Moved Cr Flynn                                                            Seconded Cr Chambers  

That:

 

1.      Council provide support for an Animating Spaces Grant application;

 

2.      If the funding is not forthcoming, the $10,000 be included for consideration in the first budget review for the 2013/14 financial year.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Libraries, Arts & Culture

 

 

Item Number:                                   11.2

File Number: D13/25676

Subject Heading:                          Council Employee Housing Maintenance   Procedure

Author and Officer’s Title:                Melissa Wathen, Manager - Social Services

Executive Summary: 

Council manages a large portfolio of properties across a number of different programs. The report outlined the maintenance process for Council Housing and included relevant strategies to ensure the properties are inspected and maintained to an acceptable standard as per the Residential Tenancies and Rooming Accommodation Act 2008.

 

Resolution No. GM/06.2013/35

Moved Cr Wason                                                          Seconded Cr Schefe  

That Council receive and note the report as presented.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Manager - Social Services

 

 

 

 


 

Item Number:                                   11.3

File Number: D13/26605

Subject Heading:                          Budget Consideration for Leichhardt 200th Anniversary Commemorative Celebrations at Muckadilla

Author and Officer’s Title:                Katrina Marsh, (Acting) Manager – Community Development

Executive Summary: 

Budgetary consideration is required for the 2013/14 financial year for commemorative celebrations of the 200th anniversary of the birth of Ludwig Leichhart in the form of a monument at Muckadilla that is to be created in consultation with the Muckadilla Community, Roma Tourism Association and Western Star.

 

Resolution No. GM/06.2013/36

Moved Cr O'Neil                                                            Seconded Cr Denton  

That Council:

 

1.      Endorse $2,000 for referral to the 2013/14 budget deliberations for the commemorative monument of the 200th anniversary of the birth of Ludwig Leichhardt at Muckadilla;

 

2.      Authorise officers to proceed with discussions with the letter’s authors  in relation to linkages with the Placemaking project.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

(Acting) Manager - Community Development

 

 

Infrastructure Services

 

Item Number:                                   12.1

File Number: D13/22648

Subject Heading:                          Culvert and Cement Floodway - Gunnewin East Road

Author and Officer’s Title:                Kylie Fleischfresser, Coordinator – Infrastructure Planning

Executive Summary: 

Council has received a request for Gunnewin East Road to have culverts and cement floodways constructed in gullies.

 

Resolution No. GM/06.2013/37

Moved Cr Price                                                             Seconded Cr Chambers  

That Council:

 

1.      Consider this request in future budget deliberations;

 

2.      Be provided with a summary of customer requests for works received since the budget workshops to enable prioritisation for future budget deliberations.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Infrastructure Planning

 

 

Item Number:                                   12.2

File Number: D13/24727

Subject Heading:                          Endorsing the proposed Local Roads of          Regional Significance

Author and Officer’s Title:                Kylie Fleischfresser, Coordinator – Infrastructure          Planning

Executive Summary: 

Maranoa Regional Council is a member of the South West Regional Road Group (SWRRG), and as such Council is required to formally endorse nominated Local Roads of Regional Significance within the Maranoa region.

 

Discussion:

Council determined that the matter should lay on the table for further discussion at a later point during the meeting, to allow Porftolio Chair for Rural Roads & Tourism, Cr. Price, an opportunity to clarify a number of points concerning recommended roads for inclusion on the listing of local roads of regional significance.

 

ACTION:

 

That the matter lay on the table for further discussion at a later point during the meeting.

 

 

 

 

Item Number:                                   12.3

File Number: D13/24786

Subject Heading:                          Adoption of Dust Seal Policy

Author and Officer’s Title:                Kylie Fleischfresser, Coordinator – Infrastructure Planning

Executive Summary: 

Council periodically receives requests for dust seals in front of properties. Council’s formal adoption of the Dust Seal Policy will streamline the process.

 

 

 

Resolution No. GM/06.2013/38

Moved Cr Price                                                             Seconded Cr Schefe  

That Council adopt the Dust Seal Policy as presented.

 

POLICY PURPOSE

 

There are a number of properties within the Region where dwellings are situated in relatively close proximity to unsealed sections of roads and as a result of these circumstances, suffer considerable dust ingress.

 

This policy allows Council to accept voluntary monetary contributions from residents to allow for the full or partial self-funding of dust sealing of unsealed (gravel) roads, subject to the rules and conditions contained within this policy.

 

Wherever possible a dust seal shall be a 7 metre wide seal to maximize the benefit of the seal to the property owner and to minimise edge breaks and deterioration of the seal. The seal shall have a minimum length of 200m.

 

 

POLICY SCOPE

 

This policy provides the community with some opportunity to voluntarily partially or wholly self-fund the dust sealing of roads adjacent to their property and provides property owners with the guidelines for the sealing of unsealed rural roads, under the care and control of Council, to minimise dust.

 

This policy does not propose to substitute or offer an alternative to the requirements of Council’s Town Planning Schemes or development approvals.

 

This policy applies to all requests made to Council for the application of seals in front of residences in close proximity to unsealed rural roads under the care and control of Maranoa Regional Council.

 

This policy does not relate to the sealing of driveways.

 

This Policy applies to all community members.

 

DEFINITIONS

N/a

 

POLICY STATEMENT/DETAILS

 

  1.    Requests and processes

1.1     Requests for the sealing of gravel roads are to be made to Council in writing.  A responsible officer of Council will inspect the dust seal location and provide a report on the construction requirements and cost estimate to Council for a resolution.

1.2     The location of the dust seal is to be taken into account when reporting to Council.  Consideration is to be given to the proximity to existing and future planned sealed sections and the difficulty and costs associated with maintenance and renewal of sections distant from other sealed sections.

1.3     Following the resolution, Council will formally respond to the applicant, advising of its consideration of the request, and if work is planned to proceed, the cost estimate of the works.

 

  1.    Road Condition and Restrictions

2.1     Council will assess the suitability of gravel road segments on a merit basis for suitability of the application of a dust seal.

2.2     The road is to be constructed to a standard that is consistent with the speed environment of the road where the seal is being applied.  Wherever practical roads will be sealed to a width of 7m or that which is consistent with Council’s standards.

2.3     Before applying any dust seal, the length of road must meet the following standards.:

(a)      The existing gravel road alignment must be both vertically and horizontally “acceptable” such that no realignment in the future is required;

(b)     The existing gravel pavement is generally sound and stable following many years of compaction by traffic;

(c)      Only a thin layer of surface preparation gravel is necessary in order to enable a surface to be prepared for a bitumen seal; and

(d)      That the seal width be the minimum required to cater for the expected traffic level.

 

If the road does not meet all of these standards, then upgrade works shall be undertaken and recovered in accordance with section 3.

 

2.4     The seal is to have a minimum length of 200 metres.

2.5     Dust sealing of longer lengths of roads may be achieved by a group of residents cooperatively working together.

2.6     Council will manage the works.  A contractor working directly for the property owner is not permitted.

 

  1.    Costs, Subsidies and Allocation

3.1     The total cost, from which the voluntarily self-funded portion will be calculated, will include the dust seal as well as formation reconstruction, pavement reconstruction and drainage reconstruction, where considered necessary

3.2     Council may offer a subsidy of up to 50% of the total costs of the works with the actual percentage of subsidy to be determined on an annual basis as part of Council’s budget deliberations. 

3.3     The value of total funds allocated to subsidise dust seal projects shall be determined on an annual basis as part of Council’s budget deliberations. 

3.4     Council will provide a cost estimate for the works prior to commencement; however, the final costs of the works will be based on actual costs upon completion.

3.5     Council's cost estimate will be calculated using all appropriate overhead costs (i.e. on-costs) however Council will not seek a profit from the delivery of the dust seal.

3.6     Council will not accept any offer that is conditional on Council making a contribution exceeding 50%.

3.7     The priority decisions of Council's works program will be made without regard to the potential or otherwise of a contribution under this policy.

 

4.  Scheduling of Works

4.1     The voluntary, partially or wholly self-funded dust seal, if approved, will be included in Council's works program to suit resources and programming.

4.2     The voluntary, partially self-funded dust seal will not take priority over existing public works programs.

4.3     Sealing works are generally undertaken during the summer periods, when warmer weather is experienced.

 

5.  Conditions and Obligations

5.1     Council accepts the voluntary partially or wholly self-funded dust seal contribution without any preferential maintenance commitment, or obligation, in favour of the completed dust seal works.

5.2     Council will take ownership of the completed dust seal works and manage the improved road asset in accordance with Council's existing programs and practices.  All future maintenance work will be at Council’s expense except where damage can be attributed to the property owner.

5.3     The voluntary self-funded contributor will not have any authority or exercise any rights over the works by Council during or after construction.

5.4     Payment for cost of the works will be made prior to commencement of works and will be based on the cost estimate provided.  Final costs shall be reconciled at completion of the works.  Either party, as necessary, will adjust payment within 30 days of notification of final costs.

5.5     Prior to Council undertaking the work, it will be necessary for the landholder to sign and execute an agreement prepared by Council confirming the conditions and obligations of this policy.

5.6     Acceptance of a contribution does not imply acceptance by Council of the work as satisfying any existing or future condition of development consent.

 

RELATED POLICIES AND LEGISLATION

Nil

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Infrastructure Planning

 

 

 

Item Number:                                   12.4

File Number: D13/24891

Subject Heading:                          Capital Project - Culvert - CNR Short and Creek Streets

Author and Officer’s Title:                Kylie Fleischfresser, Coordinator – Infrastructure Planning

Executive Summary: 

Council has received a request that culverts be installed on the corner of Creek Street and Short Street, Amby.

 

Discussion:

Council discussed the broader strategic focus required in addressing flood mitigation for the township of Amby.

 

Resolution No. GM/06.2013/39

Moved Cr Newman                                                       Seconded Cr Wason  

That the applicant be advised that Flood Mitigation is a priority for Council – noting that the Township of Amby requires a strategic approach in addressing the broader flood mitigation requirements for the town, and will work with consultants in identifying immediate priorites.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Infrastructure Planning

 

Cr. Flynn left the Chambers at 9.52am.

Cr. Flynn entered the Chamber at 9.53am.

 

Item Number:                                   12.5

File Number: D13/25435

Subject Heading:                          Langton Avenue, Yuleba

Author and Officer’s Title:                Kym Downey,  Manager - Infrastructure Planning & Design

Executive Summary: 

A resident has approached Council with concerns  as to his potential individual level of liability resulting from a street known as Langton Avenue being constructed on a parcel of land owned by him.

 

Resolution No. GM/06.2013/40

Moved Cr Denton                                                          Seconded Cr Wason  

That:

 

1.      Council authorise the Chief Executive Officer or delegate to commence negotiations with affected parties,  with a view to maintaining the road as a public roadway;

 

2.      Officers inform Council of the outcome of those negotiations.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

 Manager - Infrastructure Planning & Design

 

 

Development, Facilities & Environmental Services

 

Item Number:                                   13.1

File Number: D13/25917

Subject Heading:                          Resumption of Land - Mitchell

Location:                                          Lot 125 on Crown Plan DUB538, Lot 128 on Crown Plan DL500,Lot 6 on Crown Plan DUB538

Applicant:                                         Department of Transport and Main Roads

Author and Officer’s Title:                Josephine Horsfall, Coordinator - Property & Legal

Executive Summary: 

The Department of Transport and Main Roads has advised Council that it will require acquisition of parts of Lot 125 on Crown Plan DUB538 (Bore Reserve),Lot 128 on Crown Plan DL500 (Camping and Water Reserve), Lot 6 on Crown Plan DUB538 (Unallocated State Land). The department requires Council to advise whether it has any objection to the resumption of this land.

 

 

Resolution No. GM/06.2013/41

Moved Cr Newman                                                       Seconded Cr Chambers  

That Council advise the Department of Transport and Main Roads that Council does not object to the resumption of approximately 438.3 square metres from Lot 125 on Crown Plan DUB538, approximately 6,502 square metres from Lot 128 on Crown Plan DL500, approximately 6,830 square metres from Lot 6 on Crown Plan DUB538 for the purpose of road realignment.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Property & Legal

 

 

Item Number:                                   13.2

File Number: D13/25939

Subject Heading:                          Commercial Tenancy Agreement

Location:                                          41-45 Hutton Street Injune

Applicant:                                         Injune Blue Light Association, Injune Youth Group, Injune Swimming Club, and Blue Care Injune

Author and Officer’s Title:                Josephine Horsfall, Coordinator - Property & Legal

Executive Summary: 

In January 2012 Council entered into a Commercial Tenancy Agreement with Queensland Blue Light Association Injune, Injune Youth Group and the Injune Swimming Club which allowed the groups’ use of the premises at 41-45 Hutton Street Injune. Blue Care Injune has from time to time shared in the use of the premises.  The tenancy agreement expired on 18 January 2013.

 

Resolution No. GM/06.2013/42

Moved Cr Denton                                                          Seconded Cr Flynn  

That:

 

1.          Council enter into a Commercial Tenancy Agreement with Queensland Blue Light Association, Injune Youth Group, Injune Swimming Club and Injune Blue Care for a period of one (1) year,  with Council to pay all outgoings, being (rates, electricity, water and bulding insurance);

 

2.          This offer be subject to all groups continuing a cooperative, shared use arrangement with other community organisations;

 

3.          Rent not be charged to any parties under the Tenancy Agreement;  further, no parties  covered under the Tenancy Agreement are to charge other groups rent for use of the facility.  

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Property & Legal

  

Late ItemS

 

Item Number:                                   L.2

File Number: D13/26999

Subject Heading:                          Simpsons Creek Crossing Realignment– Mt Owen Access Road

Location:                                          Mt Owen Road off Munaweena Road

Author and Officer’s Title:                Michael Parker, Director - Infrastructure Services (Acting)

Executive Summary: 

Councillors and Council Officers recently received a request from property owners on the Mt Owen Access Road to not give effect to NDRRA funded repairs to the existing Simpsons Ck Crossing.  It is asserted that a new alignment, surveyed some time ago, should be constructed instead.   This would also enable access to be retained while construction is underway on the new alignment. 

 

Discussion:

Cr. Chambers acknowledged the  prompt response of staff in addressing this request.

 

Resolution No. GM/06.2013/43

Moved Cr Price                                                             Seconded Cr Denton  

 

That Council:

 

1.      Proceed with the construction of a crossing at Simpsons Ck on the Mt Owen Access Road, using the surveyed realignment;  

 

2.      Use NDRRA funding for the project, accepting a cap on the recommended value for the project, with Council to be paid actual costs up to the capped amount, and accepting that Council will be required to meet any cost overrun.

 

3.      Allow the construction of the realigned crossing by way of a variation to an existing contract entered into with NJ Contracting for NDRRA works in this area given the fact that:

·    NJ Contracting are presently established in this particular area performing NDRRA works; and

·    Their schedule of rates which will be used to determine the construction cost were comparable to rates submitted by other tenderers. 

 

On this basis, Council is in a position to claim Exception for entering into a medium sized contract without first going to tender or seeking competitive quotes, in accordance with Section 235 (a) of the Local Government Regulation 2012, by resolving that it is satisfied that there is only one (1) supplier who is reasonably available to perform the works.  Further that Council use R2R funding for the funding balance estimated at $43,200 (Excluding GST).

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Director - Infrastructure Services (Acting)

 


 

Item Number:                                   L.1

File Number: D13/26824

Subject Heading:                          Maranoa Retirement Village Gates

Location:                                          Mitchell

Applicant:                                         Queensland Health - Mitchell Multi Purpose Health Service Community Advisory Network

Author and Officer’s Title:                Tony Klein, Director - Community & Commercial Services

Executive Summary: 

Queensland Health, through the Mitchell Multi Purpose Health Service Community Advisory Network, has requested that Council donate the front entrance gates of the Maranoa Retirement Village to the group.

 

Resolution No. GM/06.2013/44

Moved Cr Denton                                                          Seconded Cr O'Neil  

That Council:

 

1.      Donate the front entrance gates of the Maranoa Retirement Village to Queensland Health through the Mitchell Multi Purpose Health Service Community Advisory Network on the basis that the group arrange for the removal of the gates;  and

 

2.      Construct and install a steel swinging  gate (hinged and latched) for location on the site, at Council’s expense.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Director - Community & Commercial Services

 

  

Item Number:                                   L.3

File Number: D13/27127

Subject Heading:                          2011/12 Annual Report

Author and Officer’s Title:                Julie Reitano, Chief Executive Officer

Executive Summary: 

As prescribed under the Local Government Regulation 2012, Council is required to prepare an annual report for each financial year. Council wrote to the Minister for Local Government, Community Recovery and Resilience, requesting an extension of time for adoption of Council’s 2011/12 Annual Report.  This extension was granted until 27 June 2013.

 

Discussion:

The Chief Executive Officer advised Council that the 2011/12 Annual Report could not be adopted in its entirety by Council until such time as the Queensland Audit Office had released, to Council, a signed Auditor-General’s Audit Report about the General Purpose Financial Statements.  The Chief Executive Officer further advised that the receipt of same may be provided prior to close of the meeting.  On that basis Council determined that the matter should lay on the table for further discussion at a later point during the meeting.

 

ACTION:

 

That the matter lay on the table for further discussion at a later point during the meeting.

 

 

 

LATE CONFIDENTIAL ITEMS

 

In accord with the provisions of section 275 of the Local Government Regulation 2012, Council resolved to close the meeting to discuss items it has deemed to be of a confidential nature and specifically pertaining to the following sections:-

(a)   The appointment, dismissal or discipline of employees

                                     

 

Resolution No. GM/06.2013/45

Moved Cr O'Neil                                                            Seconded Cr Wason

That Council close the meeting to the public at 10.11am.

 

CARRIED                                                                                                                      9/0

 

 

Councillors Price & Wason declared a ‘Conflict of Interest’ in item LC.1 – “Proposed Change to Organisational Structure,” due to the organisational changes recommended being relevant to their respective family members - being considered for employment, or currently employed with Council, and left the Chamber at 10.11am and 10.14am respectively, taking no further part in discussions on the matter.  In the case of Councillor Price, the person is the partner of their son, and in the case of Councillor Wason, the person is his son.

 

 

Resolution No. GM/06.2013/46

Moved Cr O'Neil                                                            Seconded Cr Chambers

 

That Council open the meeting to the public at 10.18am.

 

CARRIED                                                                                                                      7/0

 

Councillors Price & Wason did not return to the Chamber, having declared a ‘Conflict of Interest’ in the following item, and did not take part in debate on the matter.

 

Item Number:                                   LC.1

File Number: D13/26877

Subject Heading:                          Proposed Change to Organisational Structure

Author and Officer’s Title:                Elizabeth  Elmes, (Acting) Support Officer - Office of the CEO

Executive Summary: 

Since adoption of the Organisational Structure at the last Council meeting, some additional minor changes have been identified as being required. Council’s approval is sought.

 

Resolution No. GM/06.2013/47

Moved Cr O'Neil                                                            Seconded Cr Flynn  

That Council:

 

1.      Adopt the requested changes to the Organisational Structure;

 

2.      Approve the short-term employment of a Student Engineer as recommended by the Chief Executive Officer.

 

CARRIED                                                                                                                      7/0

 

Responsible Officer

(Acting) Support Officer - Office of the CEO

 

At cessation of discussion and debate on the abovementioned item, Councillors Price & Wason entered the Chamber at 10.19am.

 

 

 

Subject Heading:  suspension of standing orders

Council adjourned the meeting for morning tea at 10.19am.

 

Subject Heading:  resumption of standing orders

Council resumed the meeting at 11.40am.

 

 

Item Number:                                   10.2

File Number: D13/25751

Subject Heading:                          Register of General Cost-Recovery Fees and Commercial Charges 2013/14

Author and Officer’s Title:                Claire Alexander, Specialist - Strategic Finance

Executive Summary: 

A briefing paper was prepared in relation to the 2013/14 Budget Parameters and timetable, and was presented to a Council workshop in March 2013. As outlined in the briefing paper, a 4% increase from the 2012/13 fees and charges has been recommended.  This increase takes into account the Local Government Association of Queensland Council Cost index of 3.3% and Council’s Enterprise Bargaining Agreement of 4%.

 

Managers responsible for cost-recovery fees were advised to set fees so as to recover costs incurred by Council;  further that such fees should not exceed the actual cost incurred by Council in delivering the service for which the fee is charged. For commercial fees and charges, these fees were calculated as cost plus “profit” including 10% Goods and Services Tax (GST).

 

A detailed comparison of the 2013/14 general fees and commercial charges to the previous year’s (2012/13) fees and charges was provided in hard copy:  Draft Register of Fees and Commercial Charges 2013/14.

 

A description of the Local Government Act 2009 provisions relating to fees and charges was provided as part of the agenda report.

 

Further, a letter dated 30 May 2013, received on 20 June 2013 from the Roma Livestock Agents Association Incorporated in relation to the Saleyards Fees & Charges was also tabled with the agenda report.

 

Council had determined earlier during the meeting that the matter should lay on the table for further discussion at a later point during the meeting, in order for Councillors to identify amendments to the presented Draft Register of Fees and Commercial Charges 2013/14.  Council again commenced discussions.

 

 

Resolution No. GM/06.2013/48

Moved Cr Wason                                                          Seconded Cr Flynn  

That Council:

 

1.      Receive and note the report titled “Register of General Cost Recovery Fees and Commercial Charges 2013/14;

 

2.      Adopt the fees in the Register of General Cost-Recovery Fees and Commercial Charges 2013/14 as presented, subject to the amendments specified in the table included with this item;

 

3.      Resolve that, in relation to those cost-recovery fees to which Section 97 of the Local Government Act 2009 applies:

 

(i)     the applicant is the person liable to pay these fees; and

 

(ii)    the fee must be paid at or before the time the application is lodged; and

 

4.      Delegate to the Chief Executive Officer the power to amend commercial charges to which section 262 (3) (c) of the Local Government Act 2009 applies.

 

5.      Approve the omission of fees and charges for quarry materials and services in the Register of General Cost-Recovery Fees and Commercial Charges 2013/14.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Specialist - Strategic Finance

 


 

 

 

 


 

Fee Description

Unit

Commercial/Regulatory

Statutory Reference

GST Status

2013/14 Fee Total

Pre-Paid Packages – Injune Lawn Cemeteries

Option 1: Double Interment (same single plot)

(Includes Grave Reservation, Exemption from any further cemetery fees associated with the first and second grave interments)

C

S262 (3)(c) Local Government Act 2009

GST Inclusive            

$2,200

Option 2: Single Interment

(Includes Grave Reservation; Exemption from any further cemetery fees)

C

S262 (3)(c) Local Government Act 2009

GST Inclusive

$1,200


 

Item Number:                                   12.2

File Number: D13/24727

Subject Heading:                          Endorsing the proposed Local Roads of          Regional Significance

Author and Officer’s Title:                Kylie Fleischfresser, Coordinator – Infrastructure Planning

Executive Summary: 

Maranoa Regional Council is a member of the South West Regional Road Group (SWRRG), and as such Council is required to formally endorse nominated Local Roads of Regional Significance within the Maranoa region. This matter had been previously been left on the table for further discussion at a later point during the meeting. Discussions again commenced.

 

Resolution No. GM/06.2013/49

Moved Cr Price                                                             Seconded Cr Schefe  

That Council endorse nominated Local Roads of Regional Significance and submit the list to the SWRRG for approval – noting Council’s intention to review the list annually as part of budget deliberations.  

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Coordinator - Infrastructure Planning

 

 

Item Number:                                   L.3

File Number: D13/27127

Subject Heading:                          2011/12 Annual Report

Author and Officer’s Title:                Julie Reitano, Chief Executive Officer

Executive Summary: 

As prescribed under the Local Government Regulation 2012, Council is required to prepare an annual report for each financial year. Council wrote to the Minister for Local Government, Community Recovery and Resilience, requesting an extension of time for adoption of Council’s 2011/12 Annual Report.  This extension was granted until 27 June 2013. This item was left on the table for further discussion at a later point during the meeting pending advice from the Queensland Audit Office on the progress of the Audit Certificate. Council again commenced discussion on the item.

 

Discussion: 

The Chief Executive Officer advised Councillors that the Audit Certificate had not been formally received, and recommended the following course of action, as identified in the Resolution below.

 

 

 

Resolution No. GM/06.2013/50

Moved Cr O'Neil                                                            Seconded Cr Flynn  

That:

 

1.      Council receive the 2011/12 Annual Report as presented, comprising 3 Sections:

 

·       Part 1 – Regional and Council information and annual report compliance details;

·       Part 2 - Community Financial Report and General Purpose Financial Statements;

·       Part 3 - Council’s progress towards achieving goals outlined in the Community,        Corporate and Operational Plans.

 

2.      It be noted that receipt of the Audit Certificate, to be issued by  the Queensland Audit Office, will be circulated to Councillors, as soon as it is formally received by the Chief Executive Officer and Manager Financial Operations.

 

CARRIED                                                                                                                      9/0

 

Responsible Officer

Chief Executive Officer

 

 

CLOSURE

 

There being no further business, the Mayor thanked Council for their attendance and declared the meeting closed at 12.11pm.

                                 

 

These Minutes are to be confirmed at the next General Meeting of Council to be held on 10 July 2013, at Roma Administration Centre.

 

 

 

 

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Mayor                                                                    Date